Terms and Conditions

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Contract Duration and Termination for Subscription Contracts for Goods
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Special Conditions for the Processing of Goods according to Specific Customer Requirements
11. Redemption of Promotional Vouchers
12. Redemption of Gift Vouchers
13. Applicable Law
14. Place of Jurisdiction
15. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Radaddel GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise specified.

1.3 These GTC apply mutatis mutandis to contracts for the delivery of tickets, unless expressly otherwise specified. These GTC only regulate the sale of tickets for specific events described in more detail in the Seller's item description and not the organization of these events. For the organization of the events, only the statutory provisions apply in the relationship between the participant and the organizer, as well as any deviating conditions of the organizer. If the Seller is not also the organizer, the Seller is not liable for the proper organization of the event, for which only the respective organizer is responsible.

1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.6 The subject of the contract can – depending on the Seller's product description – be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of a continuous delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually owed time intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by e-mail or by telephone.

2.3 The Seller can accept the Customer's offer within five days

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 If an offer is submitted via the Seller's online order form, the contract text will be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

3.4 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Accordingly, a right of withdrawal is also excluded for contracts concerning the sale of tickets for time-bound leisure events.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider specifically named by PayPal. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations and sending of revocation, or credit notes.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use further payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de .

4.7 If a payment method offered via the payment service "SumUp" is selected, payment processing is carried out via the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter "SumUp"). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller's online shop. SumUp may use further payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on SumUp is available online at https://www.sumup.com/de-de/ .

4.8 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification of payment has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the pre-notification deadline has expired. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account balance or due to incorrect bank details, or if the customer objects to the debit even though they are not authorized to do so, the customer shall bear the fees incurred by the respective credit institution due to the chargeback, if the customer is responsible for this.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of dispatch if the customer effectively exercises their right of withdrawal. For the return costs, if the customer effectively exercises their right of withdrawal, the provisions set out in the seller's cancellation policy apply.

5.3 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only when the goods are handed over to the customer or an authorized recipient. Notwithstanding this, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods already passes to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the fault of the seller and the seller has concluded a concrete hedging transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the seller offers the goods for pickup, the customer can pick up the ordered goods during the seller's specified business hours at the address specified by the seller. In this case, no shipping costs will be charged.

5.6 Vouchers are provided to the customer as follows:

• by email
• by post

5.7 Tickets are provided to the customer as follows:

- by email

6) Contract term and termination of subscription contracts for goods

6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot reasonably be expected of the terminating party.

6.3 Terminations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the termination device (termination button) provided by the seller on their website.

7) Retention of title

If the seller performs in advance, they reserve ownership of the delivered goods until full payment of the owed purchase price.

8) Liability for defects (warranty)

Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect claims is one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not start anew if a replacement delivery is made within the framework of liability for defects.

8.2 The limitations of liability and reductions in deadlines regulated above do not apply

• to claims for damages and reimbursement of expenses by the customer,
• in the event that the seller fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.

8.4 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

8.5 If the customer is a consumer, they are asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer fails to do so, this has no effect on their statutory or contractual claims for defects.

9) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

9.1 The seller is liable without limitation for any legal reason

• in case of intent or gross negligence,
• for intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• due to mandatory liability such as under the Product Liability Act.

9.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless unlimited liability exists in accordance with the preceding clause. Essential contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible at all and on the observance of which the customer can regularly rely.

9.3 Otherwise, any liability of the seller is excluded.

9.4 The foregoing liability provisions also apply with regard to the seller's liability for their vicarious agents and legal representatives.

10) Special conditions for the processing of goods according to specific customer specifications

10.1 If, according to the content of the contract, the seller is obliged to process the goods according to specific customer specifications in addition to delivering the goods, the customer must provide the seller with all content necessary for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller and grant them the necessary rights of use. The customer alone is responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, they ensure that no third-party rights are infringed thereby, especially copyrights, trademark rights and personal rights.

10.2 The customer indemnifies the seller from claims by third parties that these may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. The customer also bears the necessary costs of legal defense, including all court and attorney's fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense.

10.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or public morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

11) Redemption of promotional vouchers

11.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

11.2 Promotional vouchers can only be redeemed by consumers.

11.3 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.

11.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.5 Only one promotional voucher can be redeemed per order.

11.6 If the promotional voucher refers to a specific value and not a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

11.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

11.8 The credit of a promotional voucher is neither paid out in cash nor does it accrue interest.

11.9 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

11.10 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, the incapacity to contract or the lack of power of representation of the respective holder.

12) Redemption of gift vouchers

12.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

12.2 Gift vouchers and residual credit on gift vouchers can be redeemed until the end of the third year following the year of purchase of the voucher. Residual credit will be credited to the customer until the expiry date.

12.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

12.4 Only one gift voucher can be redeemed per order.

12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

12.7 The credit of a gift voucher will neither be paid out in cash nor accrue interest.

12.8 The gift voucher is transferable. The seller can discharge their obligation by making payment to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.

13) Applicable Law

13.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

13.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

14) Place of Jurisdiction

If the customer acts as a merchant, legal entity under public law, or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has their seat outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

15) Alternative Dispute Resolution

The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.